Title 13, ENVIRONMENT

Sec. 18. The executive of a county or municipality located in a district may, with the approval of the fiscal body of the county or municipality: (1) grant or loan public money to the district; and (2) establish procedures: (A) for awarding grants; and (B) for the repayment of lo…

Sec. 19. (a) The board of a district may delegate any of the board's authority to any board or legislative body of a municipality by resolution. However: (1) an exercise by a municipality of the taxing power of the district must be ratified by the board of the district; and (2) i…

Sec. 2. All of the incorporated and unincorporated territory of a county must be included in the designated county solid waste management district or the joint solid waste management district to which the county belongs. [Pre-1996 Recodification Citation: 13-9.5-2-2.] As added by…

Sec. 20. (a) Notwithstanding this chapter, IC 13-21-5, and IC 13-21-13, and except as provided in subsection (b), unless the legislative body of a county having a consolidated city elects by ordinance to participate in the rules, ordinances, and governmental structures enacted or…

Sec. 21. Before the board of a district may adopt an annual budget, the budget must be: (1) approved by the department of local government finance; and (2) sent to: (A) the executive; and (B) the fiscal body; of each county and municipality located within the district as a matter…

Sec. 22. (a) This subsection does not apply to the collection of property taxes. The board of a district may contract with a county to collect fees and revenue for a board. (b) A contract under this section must do all of the following: (1) Describe the fees and revenue that will…

Sec. 3. Within thirty (30) days after adopting an ordinance establishing a joint district and approving an agreement governing the operation of the joint district, a county shall provide the commissioner with a copy of the agreement. [Pre-1996 Recodification Citation: 13-9.5-2-3.…

Sec. 4. After a county has been designated as a county district or has joined with at least one (1) other county in a joint district, a board of directors shall be appointed. [Pre-1996 Recodification Citation: 13-9.5-2-4.] As added by P.L.1-1996, SEC.11.

Sec. 5. (a) Except as provided in subsections (b) through (e), the board of a county district consists of the following members: (1) Two (2) members appointed by the county executive from the membership of the county executive. (2) One (1) member appointed by the county fiscal bo…

Sec. 6. (a) Except as provided in subsections (b) through (d), the board of a joint district consists of the following: (1) One (1) member of the county executive of each participating county. (2) One (1) member of the county fiscal body of each participating county. (3) One (1) …

Sec. 7. (a) In: (1) a joint district; or (2) a single district having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000); the board appointed under section 5 of this chapter may elect from the board's membership an executive c…

Sec. 8. (a) This section does not apply to the members of a board of public works that constitutes the board of a county district under section 5(c) of this chapter. (b) The term of office of a member of the board of a district who is appointed from the membership of an executive…

Sec. 9. (a) This section does not apply to a board of public works that constitutes the board of a county district under section 5(c) of this chapter. (b) The board shall select the following: (1) A chairperson and vice chairperson from the board's membership. (2) A controller wh…

Sec. 1. The department shall operate permit programs for all hazardous waste facilities in accordance with IC 13-15. [Pre-1996 Recodification Citation: 13-7-8.5-5(a).] As added by P.L.1-1996, SEC.12.

Sec. 10. (a) In addition to any other requirements, a hazardous waste facility that generates or treats a hazardous waste classified as I001 must demonstrate all of the following: (1) That the destruction or treatment technology to be used at the proposed hazardous waste facility…

Sec. 2. The department shall issue permits for a hazardous waste facility constructed and operated in compliance with rules adopted by the board. [Pre-1996 Recodification Citation: 13-7-8.5-5(b) part, (f).] As added by P.L.1-1996, SEC.12. Amended by P.L.113-2014, SEC.76.

Sec. 3. (a) Before allowing the operation of a landfill for the disposal of hazardous waste, the commissioner and all the owners of the land upon which the landfill is located must execute and record a restrictive covenant upon the land involved. The department shall file the ins…

Sec. 4. There is no requirement for any of the following: (1) A manifest for onsite transportation. (2) A permit for treatment or recovery of hazardous waste generated as a residual or secondary material from a manufacturing process if the waste is: (A) recycled; (B) recovered; o…

Sec. 5. The commissioner may exempt the requirement for a permit for the storage, treatment, processing, or disposal of solid or hazardous wastes by a mining operation if: (1) the mining operation has a permit under IC 14-34; and (2) the commissioner determines that the departmen…

Sec. 6. (a) An application for a permit for a hazardous waste treatment, storage, or disposal facility must include a closure plan. If hazardous waste is to be disposed of at the facility, the application must also include a postclosure monitoring and maintenance plan. (b) The cl…

Sec. 7. An individual, a partnership, a limited liability company, or a corporation who or that has been: (1) convicted of a violation of the environmental management laws or IC 13-7 (before its repeal); and (2) fined or imprisoned; may not be issued a permit to own or operate a …

Sec. 8. A permit may not be issued under this chapter for the construction or operation of an incinerator for the destruction of PCB at levels established under the federal Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or regulations adopted under the federal Toxic Substa…

Sec. 9. In addition to any other requirements, a permit may not be issued under this chapter for the construction or operation of a hazardous waste facility to be used for the incineration of PCB or for an ancillary facility required by the incineration process unless the person …

Sec. 1. (a) The department shall, under rules adopted by the board under IC 4-22-2 and IC 13-14-9, establish a certification program for persons who supervise, manage, or direct underground storage tank or aboveground storage tank: (1) installation or retrofitting; (2) testing; (…

Note: This version of section amended by P.L.135-2026, SEC.237, effective 7-1-2026. See also following version of this section amended by P.L.152-2026, SEC.209, effective 7-1-2027. Sec. 2. (a) To obtain a certificate under section 1 of this chapter, a person must: (1) take an exa…

Sec. 3. (a) A person described under section 1 of this chapter may not: (1) install or retrofit; (2) test; (3) provide cathodic protection for; or (4) decommission; an underground storage tank or aboveground storage tank unless the person has been certified by the department. (b)…

Sec. 4. (a) A certificate issued under section 1 of this chapter expires two (2) years from the date a person successfully completes the examination to qualify to obtain the certificate. (b) The board may adopt rules establishing renewal procedures for certificates that expire un…

Sec. 1. (a) A district established in accordance with IC 19-3-1 (before its repeal) as a special district for any purpose provided in: (1) IC 13-3-2 (before its repeal); or (2) this article; is considered to be a district under this article. (b) Orders of the court and acts of th…

Sec. 1. The department shall establish a technical and compliance assistance program. [Pre-1996 Recodification Citation: 13-10-2-1.] As added by P.L.1-1996, SEC.18.

Sec. 2. (a) The assistance program established under this chapter shall do the following: (1) Assist the regulated community with specific regulatory or permit matters pending with the department. (2) Provide assistance to new and existing businesses and small municipalities in i…

Sec. 4. Inquiries made to the program and activities and documents of the program that identify or describe an individual facility or operation are confidential, unless a clear and immediate danger to the public health or environment exists. Information concerning inquiries, acti…

Sec. 5. The department may contract with another entity to provide some or all of the services required by this chapter. [Pre-1996 Recodification Citation: 13-10-2-5.] As added by P.L.1-1996, SEC.18.

Sec. 7. As part of the technical and compliance assistance program, the department shall establish a small business stationary source technical assistance program as required under Section 507 of the federal Clean Air Act (42 U.S.C. 7661f). As added by P.L.135-2026, SEC.292.

Sec. 1. The commissioner or a designated member of the staff of the department may initiate an investigation on receipt of information of an alleged violation of any of the following: (1) Environmental management laws. (2) Air pollution control laws. (3) Water pollution control l…

Sec. 10. In accordance with the procedure set forth in this chapter, the commissioner shall: (1) issue and enter an order; or (2) make any other determination; that the commissioner considers appropriate. [Pre-1996 Recodification Citation: 13-7-11-5(a).] As added by P.L.1-1996, S…

Sec. 11. An order of the commissioner under this chapter may do any of the following: (1) Include a direction to cease and desist from violations of the following: (A) Environmental management laws. (B) Air pollution control laws. (C) Water pollution control laws. (D) A rule adop…

Sec. 12. If an order of the commissioner allows time during which to correct a violation, the order may provide for the posting of a performance bond with surety or security acceptable to the department to assure the correction of the violation within the time prescribed in the o…

Sec. 13. (a) Except as provided in subsection (c), an enforcement action may not be taken under this chapter for a violation of IC 13-30-2-1(5) against a landowner on whose land garbage or other solid waste, except hazardous waste, has been illegally dumped without the landowner'…

Sec. 2. If an investigation discloses a possible violation, the commissioner shall proceed under: (1) section 3 of this chapter; or (2) first section 3 of this chapter and then section 4 of this chapter. [Pre-1996 Recodification Citation: 13-7-11-2(a).] As added by P.L.1-1996, SE…

Sec. 3. (a) The commissioner shall: (1) notify the alleged violator in writing that the commissioner believes a violation may exist; and (2) offer the alleged violator an opportunity to enter into an agreed order providing for: (A) the actions required to correct the violation; a…

Sec. 4. (a) The commissioner shall issue written notice to an alleged violator in accordance with IC 13-14-2-1. (b) The notice must: (1) specify the provision of: (A) the environmental management laws; (B) the air pollution control laws; or (C) the water pollution control laws; o…

Sec. 5. (a) Except as otherwise provided in: (1) a notice issued under section 4 of this chapter; or (2) a law relating to emergency orders; an order of the commissioner under this chapter takes effect twenty (20) days after the alleged violator receives the notice, unless the al…

Sec. 6. If an alleged violator who has requested a review of an order of the commissioner under section 5 of this chapter agrees to resolve the controversy concerning the order in a manner satisfactory to the commissioner before a final order is issued by the office of administra…

Sec. 7. A final order of an administrative law judge is subject to judicial review under IC 4-21.5-5. [Pre-1996 Recodification Citation: 13-7-11-2(f).] As added by P.L.1-1996, SEC.20. Amended by P.L.128-2024, SEC.33.

Sec. 8. (a) A person who has filed a complaint under IC 13-30-1 may proceed against the alleged violator if the department does not: (1) commence: (A) an administrative proceeding; or (B) a civil action; on the alleged pollution, impairment, or destruction not later than ninety (…

Sec. 9. In hearings under this chapter, the burden is on the complainant to show the alleged violation. [Pre-1996 Recodification Citation: 13-7-11-2(h).] As added by P.L.1-1996, SEC.20.